FCCPC withdraws the case against Mtn Nigeria’s CEO …

The Federal Competition and Consumer Protection Commission (FCCPC) presented to withdraw the alleged case of violation against the CEO and the CEO (MD/CEO) of the MTN Nigeria Communications PLC, Karl Toriola and other officials of the telecommunications giant.

This is according to the “withdrawal notice” of the Commission, presented by the lawyer FCCPC NSITEM CHIZENUM, according to what Nairametrics reported.

Nairametrics previously reported that the High Federal Court Abuja had been set on September 25 for the arraignment of Toriola and others for a case concerning an alleged violation of the federal law on the competition and the protection of consumers (FCCPC).

FCCPC accusations

The lawyer of FCCPC NSITEM Chizenum had accused Toriola and others of escaping the service of documents associated with the Court on the matter.

The FCCPC had, in the position marked with FHC/Abj/Cr/354/2024, had sued Mtn Nigeria Communications PLC; Toliola; Tobechukwu Okigbo, Chief Corporate Services and Sustainability Officer of MTN; and Ikenna Ikeme, general manager, MTN regulatory affairs, supporting their inability to produce documents and information requested by the Commission in accordance with a legal call as a sanction in the FCCPC law.

In the office with two counts filed on 22 July 2024, Mtn Nigeria Communications Plc, Toriola, Okigbo and Ikeme were accused of not having produced documents and/or information that had to produce on 18 June 2024, “in accordance with a legal emergency and a request to produce, dated May 17, 2024.”

Conte Due states that “the defendants were presumed to have, about June 18, 2024, following a promotion and continuation of the existing refusal to produce documents and information on the offer requested by the Commission on the basis of communication and the law, prevented and hindered the continuous initial investigations of the FCCPC in progress and the possible prospective investigations refused to produce documents and/or requests for information.

The Commission has declared that the development marks section 33 (3) of the Federal Competition and Consumer Protection Act, 2018.

Legal development

While the arrangement was pending, the Commission presented a retirement notice.

In the Court document, seen by Nairametrics, the accusation urged the Court to stop the case in line with the administration of the law on criminal justice and under the intrinsic jurisdiction of the court.

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Section 107 of the Administration of the Criminal Justice Law establishes that any criminal proceedings for a crime created by an act of the National Assembly, at any phase of the procedure before the sentence, can be suspended by the Prosecutor General of the Federation (and agencies pursuant to AGF).

Section 108 of the same law also states that in any trial or procedure before a court, a prosecutor may, or by education of the general prosecutor of the Federation in the event of crimes against an act of the national assembly, at any phase before the sentence is pronounced, withdraw the accusation against any or more generally or in relation to one or more crimes with which the defendant is accused.

“Note that the complainant with this fully withdraws the accusation and interrupts the procedure against the defendants”, partly reads the notice of withdrawal of the Commission.

On Thursday, during the session of the taken court, the Court did not sit down due to the absence of the presidency of judge Hauwa Yilwa, who was said to be engaged in another official assignment.

The issue was subsequently updated to 30 October 2025.

Nairametrics reports that in line with the rules of the court, the notice must be adopted orally by the accusation to the next updated date, on which the Court will make a declaration.

Background

Nairametrics had previously reported a correlated development involving MTN CEO in court of a separate agency.

In May 2024, the Nigerian Copyright Commission (NCC) legal team accused Karl Toriola of escaping the service in an alleged case of copyright violation.

The NCC lawyer, Gladys Isaac Ojo, presented the request before the Federal Court sitting in Abuja.

The case, marked FHC/Abj/Cr/111/2024, was presented by the NCC against MTN Nigeria Communications Limited; Karl Toriola, CEO of Mtn Nigeria; Nkeakam Abhulimen; Fun Mobile Limited; and Yahaya Maibe.

NCC said that MTN and others have used several soundtracks such as callback ringtones without the consent and authorization of the original owners, in violation of the copyright Act.

[Credit: Nairametrics]

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